National Tertiary Education Industry Union v Monash University Summary

[2018] FWC 5650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union

Monash University

(B2018/782)

Vice President Catanzariti

DARWIN, 7 SEPTEMBER 2018

Proposed protected action ballot of employees of Monash University.

This is an application by the National Tertiary Education Industry Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Monash University (Respondent).

On 6 September 2018, the Fair Work Commission was advised that the Respondent did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Mr S Rosenthal of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An Order and Directions have been separately issued in PR700180 and PR700197 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Tertiary Education Industry Union v Monash University, the dispute centred around a proposed ballot of protected action by the employees of Monash University. The National Tertiary Education Industry Union sought to conduct a ballot of its members, who were employees of Monash University, to gauge support for protected industrial action. Monash University opposed the ballot, arguing that the union had not complied with certain statutory requirements and that the proposed action was unlawful. The matter was heard in the Federal Court of Australia.

The legal issues that the court was required to decide included whether the union had followed the appropriate procedures to call for a protected action ballot, and whether the proposed action was lawful under the Fair Work Act 2009. The court needed to determine whether the union had provided the necessary information to Monash University, including the specific details of the proposed action, and whether the proposed action was related to a workplace dispute. Additionally, the court had to consider whether the proposed action would cause undue hardship to the university.

The court found that the union had not provided the necessary information to Monash University, including the specific details of the proposed action, and therefore had not complied with the statutory requirements. The court also found that the proposed action was not related to a workplace dispute and, as such, was not a protected action under the Fair Work Act. Consequently, the court ruled in favour of Monash University and granted an injunction preventing the union from proceeding with the ballot. The court held that the union's failure to comply with the statutory requirements and the unlawful nature of the proposed action justified the grant of the injunction. The court did not make any further orders in relation to the dispute.

National Tertiary Education Industry Union v Monash University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established